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An man who has spent the last 13 years in jail remains locked up despite being declared innocent in 2010.

Daniel Larsen, now 45, was sentenced to 27 years to life in 1999 for possessing a concealed weapon.

After 11 years in a Californian jail, Larsen's conviction was overturned by a judge who said his constitutional rights had been violated.

Support: Larsen's fiancee, Christina Combs is among those to have signed a petition campaigning for his release

Magistrate Judge Suzanne H. Segal said Larsen's attorney Edward Consiglio, who was disbarred in 2008, was incompetent and had failed to call key witnesses at trial.

However the innocent man has been told he will spend at
least another year in jail because the California Attorney General's
office has appealed Segal's ruling and it will take a minimum of 12
months for the appellate court to make a decision on the case.

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Larsen's fiancee, Christina Combs launched a campaign to get her future husband released, describing him as 'my life' from where he is 'stuck in legal limbo'.

They met 15 years ago, scpr.com reported, but reconnected two years ago, becoming engaged with Larsen in prison.

The distraught wife-to-be has gathered 90,000 signatures on her petition, among them NFL hopeful Bryan Banks, who was himself exonerated of rape charges in May after spending five years in prison.

It was delivered to the Attorney General on Monday and has also been posted online.

Betrothed: The couple met 15 years ago and reconnected two years ago, becoming engaged as Larsen served his sentence

Standing by her man: Ms Combs said she is convinced her fiance is innocent

Ms Combs is supported in her efforts by the California Innocence Project which campaigns for the release of wrongly imprisoned citizens.

'Daniel's case is a tragic one, especially considering how easily it could have been avoided,' said project director Justin Brooks.

'His case highlights how important it is for defendants to get good, competent attorneys who conduct a thorough investigation. He is another innocent victim of a flawed justice system.'

It was the project that first filed the petition in 2008 that led to the conviction being revoked but there is still a long way to go.

Co-director Jan Stiglitz expressed disgust that Larsen is 'rotting in jail' as those legal battles are fought.

Ms Combs told ABC LA: 'I have no doubts about his innocence. He has a very credible witness, the chief of police. He's innocent and he needs to be released.

'It's time for the Happily Ever After we deserve!'

Wrongly convicted: Larsen was locked up in 1999 and will spend at least another year in prison

Larsen was imprisoned in 1999, after police arrested him outside Gold Apple Bar in LA.

Officers were responding after gunshots were fired and said they saw Larsen reach into the waistband of his pants, pull out a metal object and throw it underneath a nearby car.

After searching Larsen and the nearby area, they found a six-inch, double-edged knife underneath the car. Larsen was arrested and eventually convicted of being an ex-felon in possession of a knife.

He already had two burglary convictions to his name.

THREE STRIKES AND YOU'RE OUT

Under California's three strikes law a person convicted of three or more serious felonies automatically receives a life sentence.

At two strikes the sentence for any new felony conviction is
twice the term otherwise required under law.

The law was passed in 1994 after a spate of high profile murders were committed by ex-felons.

Repeat offenders are the most difficult of criminal offenders for criminal justice systems to manage.

Under California's three strikes law a person convicted of three or more serious felonies automatically receives a life sentence.

At two strikes the sentence for any new felony conviction is
twice the term otherwise required under law.

Nine witnesses pointed the finger at another man, William Hewitt, who they said had been in possession of the knife, not Larsen. Consiglio failed to present any of them at trial.

As a result no one took the stand in defence of his client.

It wasn't until 2009 that three of the witnesses, including the Chief of Police and his wife, testified that Larsen was innocent.

Upon hearing the testimonies Judge Segal reversed Larsen's conviction. 'Had the jury been able to consider [the McNutts' testimony], no reasonable juror would have found [Larsen] guilty beyond a reasonable doubt,' she said.

Consiglio's lack of investigation was 'absurd', she claimed, adding there was 'no question' that 'counsel's errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable'.